The opinion of the court was delivered by: Robert E. Blackburn United States District Judge
THIS MATTER comes before the Court upon the Stipulation of Dismissal with Prejudice [#212] filed by the parties February 21, 2006, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure.
The Court, being fully advised, hereby ORDERS that the following claims and defenses asserted herein are dismissed with prejudice pursuant to Rule 41 of the Federal Rule of Civil Procedure:
1. All claims asserted in Allstate's Counterclaim, filed September 16, 2005;
2. All claims asserted in Allstate's Third-Party Complaint, filed September 16, 2005; and
3. All claims asserted in John Paul's Third-Party Counterclaim, filed November 25, 2005.
4. Allstate's Affirmative Defenses numbered 23 and 24 as alleged in its Second Amended Answer, filed September 16, 2005.
It is ORDERED further that the parties shall bear their own costs and attorneys' fees.
It is ORDERED further that the parties comply with REB Civ. Practice Standard II.I.1, by specifying by March 3, 2006, which claims, counterclaims, cross-claims, defenses, or parties remain subsequent to this partial settlement and dismissal.
ORDERED this 21st day of February, 2006.
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